Have news about HIV? Send press releases, news tips and other announcements to news@poz.com.

October 17, 2011

Man Found Guilty of Transmitting HIV Despite Informing Partner

A jury believed that Daniel James Rick, a 30-year-old Minneapolis man, informed his partner that he was HIV positive before the two had sex, but nonetheless they found him guilty of transmitting HIV, convicting him of attempted first-degree assault, the Minneapolis Star Tribune reports. They based their decision on a statute that criminalizes the "transfer of blood, sperm, organs or tissue, except as deemed necessary for medical research or if disclosed on donor screening forms." Because Rick didn't use a condom, the jury said, it didn't matter whether he disclosed his status beforehand. Rick's attorney, Landon Ascheman, argued that the clause on which Rick was found guilty is meant to apply to medical procedures rather than sexual transmission, and says he intends to appeal.

(Note: The POZ team reviews all comments before they are posted. Please do not include either ":" or "@" in your comment. The opinions expressed by people providing comments are theirs alone. They do not necessarily reflect the opinions of Smart + Strong, which is not responsible for the accuracy of any of the information supplied by people providing comments.)

pozmac, , 2011-12-01 01:57:32
If he declosed his status he is not guilty of any thing his partner has some say so If he is an adult. There ones out there that are bug chasers the are stupid to want to catch HIV . then they get it and do not want it that is there on stupided Then they cause people like this greif

Jen, , 2011-11-30 22:25:29
And you wonder why HIV is by far the most stigmatized disease out there- hands down.

BH, , 2011-11-23 15:23:38
I could totally understand if the PLWH was convicted after disclosing to a person who could not comprehend or who mentally wasn't able to make the decision to have sex unprotected or not... But in this situ. that is not what it seems. I agree that he as a PLWH should have thought about what could happen to his partner, but the partner should have also took this all into consid. They are both guilty of making the wrng decision. This case is just another reason y there is so much stigma around HIV

deanna, coatesville, 2011-11-23 14:05:26
this man did nothing wrong he was very truthfuland honest with his partner and hsi partner new and chose not to be with him anyway are they going to charge the partner with a suicide attempt this man did nothing wrong

JJ, , 2011-11-17 17:26:05
Why is this a surprise?
Poz Guy- I have a loaded gun. U should know.
Neg Partner-Will you shoot me with it, please?
Poz Guy-Well, if you really want me to, I will.
Neg Partner-Great. Go for it (SHOOTs him)
Neg Partner in the ER-He SHOT me!
Dr-But u told him to, right?
ALL POZ men are loaded guns. We have a weapon built in to us that we can shoot in variety of ways. I don't like it either. I want to hook up and do what neg guys do. It gets lonely. But that's how I got it! It's wrong!

BostonBob, Boston, 2011-11-15 16:45:20
To person who said every Heterisesual couple with HIV who concieved should be guildy-WRONG! SPerm washing allows males to impregnate females with sperm negative by centrifuge process since 1883-reset this ruling and more so the comment on heaters having kids. Get educated dude!
Lancet couple 39 was us! 2992 have 2 kids both healthy wife healthy-only me pod..Boston
Bob

Richard B., Salamanca, NY, 2011-11-14 09:56:13
Having had HIV for 30+ years and never giving it to anyone else because I did take the correct action I have to say that telling the other person and having unsafe sex should be criminal. Not everyone is healthy enough to fight this and to expose them is just wrong.

LJS, , 2011-11-11 02:22:06
I am curious to know what motivates a jury to find one Guilty in cases as these or for what reason someone, a partner, would press charges if they were already advised of that one's HIV status. That partner, if they are an adult (and I would assume they were) MUST take personal responsibility for acts in which they are a knowing participant.

Jeff Hagerhorst, Richardon, TX, 2011-11-08 04:13:40
This is exactly why I will not date a negative person under any circumstances. I do not trust them to not try and prosecute me if they end up positive.

barb, , 2011-10-31 11:49:56
put me and my husband in jail and let 12 hiv poz jurors decide my case. Than we'll see who's guilty. NO ONE!!!Why is this NOT IN THE NEWS!!!!!

Eliza jane, clinton, ma, 2011-10-27 15:23:23
What I don't understand is why the partner is not charged with reckless conduct! What about that person's responsibility in this matter? This nation is so screwed up...

Robert Reinhard, San Francisco, 2011-10-26 22:51:09
a more complete summary of the case and with a wide set of different comments is on the Huffington post
www.huffingtonpost.com/phillip-m-miner/hiv-criminalization_b_1008252.html

Freddo, Baltimore, 2011-10-24 09:37:58
What I don't understand is what part did the partner not understand what at risk sex is? This is a case of vindictive retribution if I ever heard of it. I'm not blaming the victim here, because if anyone is the victim, it's Daniel James Rick.
To J. Rodriguez, I didn't read anything about love here. As I read this its implied they had mutual informed sex. Again, the so-called victim was the one playing RR. Everyone is responsible for their own behavior. I totally disagree with you and the jury.

Chrissy, South Carolina, 2011-10-24 09:13:36
This is so shocking! I already live in fear every time I date a negative person, now we get convicted even after telling them our status? Omg!

Mathys, Witbank ZA, 2011-10-21 01:24:41
I sure Hope he does win the appeal, Although I do have a problem with the fact that no condoms were used. I cannot believe that people can still believe that condoms not to be used.